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Contracts Keyed to Templin
Opera Company of Boston, Inc. v. Wolf Trap Foundation for the Performing Arts
Citation:
817 F.2d 1094 (1987)Facts
The Opera Company of Boston, Inc. (plaintiff) entered into a contract with the Wolf Trap Foundation of the Performing Arts (defendant), upon which the defendant would pay the plaintiff to give four performances over the course of four nights. However, on the night of the final performance, the defendant canceled the plaintiff’s show because of an electrical storm that took out the power. The defendant did not pay the plaintiff for that final night on the ground that performance was excused because of impossibility. The plaintiff sued for breach of contract.
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Defenses to Formation